§ 25-1326.Judicial sale; conveyance of land by master commissioner; when allowed; postponement of sale; notice.
Article 13: Judgments · Last amended 2010 · Last verified July 22, 2026
In one sentenceThis section lets a master commissioner convey real property when a party under a court order refuses to make the conveyance, or when a court order or judgment requires the property to be sold, and it sets out how a commissioner may postpone a scheduled sale and what notice that postponement requires.
Full Text of § 25-1326
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(1) Real property may be conveyed by a master commissioner when (a) by an order or judgment in an action or a proceeding a party is ordered to convey such property to another and he or she neglects or refuses to comply with such order or judgment or (b) specific real property is required to be sold under an order or judgment of the court.
(2) A master commissioner may, for any cause he or she deems expedient, postpone the sale of all or any portion of the real property from time to time until it is completed, and in every such case, notice of postponement shall be given by public declaration thereof by such master commissioner at the time and place last appointed for the sale. The public declaration of the notice of postponement shall include the new date, time, and place of sale. No other notice of the postponed sale need be given unless the sale is postponed for longer than forty-five days beyond the day designated in the notice of sale, in which event the notice thereof shall be given in the same manner as the original notice of sale is required to be given.
Section 25-1326 gives a master commissioner two distinct paths to convey real property. The first applies when a court has already ordered a party to convey property to someone else and that party neglects or refuses to comply — the commissioner can step in and make the conveyance the party would not. The second applies when a court order or judgment requires specific real property to be sold outright, independent of anyone’s refusal to act.
The section also covers what happens when a scheduled sale needs to move. A master commissioner may postpone all or part of a sale for any reason the commissioner considers expedient, and may keep postponing it until the sale finally happens. Each postponement has to be announced publicly at the time and place set for the sale, and that public announcement must include the new date, time, and place.
Longer delays trigger a stricter notice rule. If the postponed sale is pushed more than forty-five days beyond the date in the original notice, the commissioner must give notice of the postponed sale the same way the original sale notice was required to be given — a public announcement at the time and place last appointed no longer suffices on its own.
Frequently Asked Questions
When can a master commissioner convey real property instead of the owner?
When a party ordered to convey the property has neglected or refused to comply, or when the property is required to be sold under a court order or judgment.
Can a master commissioner postpone a scheduled judicial sale?
Yes. The commissioner may postpone all or part of the sale for any reason deemed expedient, and may do so repeatedly until the sale is completed.
What has to happen when a sale is postponed?
The commissioner must make a public declaration of the postponement at the time and place last appointed for the sale, including the new date, time, and place.
Is a new formal notice always required for a postponed sale?
No. It is required only if the sale is postponed more than forty-five days beyond the date in the original notice; otherwise the public declaration is enough.
What must the notice say if the postponement runs longer than forty-five days?
It must be given in the same manner the original notice of sale was required to be given.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:master commissioner judicial sale nebraskapostponing judicial sale nebraskaconveying real property court order nebraskanotice of postponed sale nebraska